Okla. Admin. Code § 317:35-5-41

Current through Vol. 42, No. 4, November 1, 2024

Section 317:35-5-41 - Determination of capital resources for individuals categorically related to aged, blind and disabled

(a)General. The term capital resources is a general term representing any form of real and/or personal property which has an available money value. All available capital resources, except those required to be disregarded by law or by policies of the Oklahoma Health Care Authority (OHCA) or Oklahoma Department of Human Services (DHS) are considered in determining need. DHS Appendix C-1, Schedule VIII establishes the allowable limit for nonexcludable resources. Available resources are those resources which are in hand or under the control of the individual.

(1) In defining need, OHCA and DHS recognize the importance of a member retaining a small amount of resources for emergencies or special need and has established a maximum resource standard a member or family may hold and be considered in need.

(2) Capital resources are evaluated on a monthly basis in determining eligibility for an applicant for medical services. An applicant is determined ineligible for any month resources exceed the resource standard at any time during that month. When a member has resources which exceed the resource standard, case closure action is taken for the next possible effective date.

(3) State law is specific on the mutual responsibility of spouses for each other. Therefore, if husband and wife are living together, a capital resource and/or income available to one spouse constitutes a resource and/or income to the other. When there is a break in the family relationship and the husband and wife are separated, but not divorced or legally separated, they constitute a possible resource to each other and this possible resource is explored to determine what, if any, resource can be made available. When a spouse is in a nursing facility, see Subchapters 9 and 19 of this Chapter.

(4) Only the resources of the child determined eligible for Tax Equity Fiscal Responsibility Act (TEFRA) are considered in determining eligibility.

(5) Household goods and personal effects are not considered capital resources. Household goods and personal effects are defined as follows:

(A) Household goods are:

(i) Items of personal property, found in or near the home, that are used on a regular basis; and/or

(ii) Items needed by the householder for maintenance, use, and occupancy of the premises as a home.

(B) Personal effects are:

(i) Items of personal property ordinarily worn or carried by the individual; and/or

(ii) Articles otherwise having an intimate relation to the individual.

(C) Personal effects do not include items that were acquired or are held for their value or as an investment. Such items can include but are not limited to gems, jewelry that is not worn or held for family significance, or collectibles.

(6) Each time that need is determined, gross income and the equity of each capital resource are established. Equity equals current market value minus indebtedness. The member may change the form of capital resources from time to time without affecting eligibility so long as the equity is not decreased in doing so or increased in excess of the allowable maximum resource standard. In the event the equity is decreased as the result of a sale or transfer, the reduction in the equity is evaluated in relation to policy applicable to resources disposed of while receiving assistance.

(b)Eligibility. In determining eligibility based on resources, only those resources available for current use or those which the member can convert for current use (no legal impediment involved) are considered as countable resources. Examples of legal impediments include, but are not limited to, clearing an estate, probate, petition to sell, or appointment of legal guardian.

(1) Generally, a resource is considered unavailable if there is a legal impediment to overcome. However, the member must agree to pursue all reasonable steps to initiate legal action within thirty (30) days. While the legal action is in process, the resource is considered unavailable.

(2) If a determination is made and documented that the cost of making a resource available exceeds the gain, the member will not be required to pursue action to make it available.

(3) Determination of available and unavailable resources must be well documented in the case record.

(4) The major types of capital resources are listed in Sections Oklahoma Administrative Code (OAC) 317:35-5-41.1 through 317:35-5-41.7, as well as OAC 317:35-5-41.12. The list is not intended to be all inclusive and consideration must be given to all resources.

Okla. Admin. Code § 317:35-5-41

Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95 (emergency); Added at 12 Ok Reg 3133, eff 7-27-95; Amended at 14 Ok Reg 796, eff 12-24-96 (emergency); Amended at 14 Ok Reg 1814, eff 5-27-97; Amended at 15 Ok Reg 564, eff 9-18-97 (emergency); Amended at 15 Ok Reg 1124, eff 1-6-98 (emergency); Amended at 15 Ok Reg 1559, eff 5-11-98; Amended at 15 Ok Reg 3695, eff 5-18-98 (emergency); Amended at 15 Ok Reg 4212, eff 8-5-98 (emergency); Amended at 16 Ok Reg 1438, eff 5-27-99; Amended at 17 Ok Reg 430, eff 11-2-99 (emergency); Amended at 17 Ok Reg 1212, eff 5-11-00; Amended at 18 Ok Reg 132, eff 10-7-00 (emergency); Amended at 18 Ok Reg 792, eff 1-23-01 through 7-14-01 (emergency)¹; Amended at 19 Ok Reg 136, eff 9-1-01 (emergency); Amended at 19 Ok Reg 2149, eff 6-27-02; Amended at 21 Ok Reg 2239, eff 6-25-04; Amended at 22 Ok Reg 1016, eff 2-1-05 (emergency); Amended at 22 Ok Reg 2494, eff 7-11-05; Amended at 24 Ok Reg 680, eff 2-1-07 (emergency); Amended at 24 Ok Reg 2122, eff 6-25-07; Amended at 25 Ok Reg 130, eff 8-1-07 (emergency); Amended at 25 Ok Reg 1257, eff 5-25-08

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 9/1/2019

¹This emergency action expired without being superseded by a permanent action. Upon the expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-01 (after the expiration of this emergency action), the text of 317:35-5-41 reverted back to the permanent text that became effective 5-11-00, as was last published in the 2000 OAC Supplement, and remained as such until amended again by emergency action on 9-1-01.